Chandler judge accused of retaliation after employee claims racial discrimination
A former commissioner at Chandler Municipal Court is accusing a court employee of harassment and the presiding judge of retaliation.
Nicole Countryman, the commissioner, resigned after Presiding Magistrate David Fuller retaliated against her for lodging a harassment complaint against a judicial employee, according to a notice of claim filed with the city on Nov. 2.
Countryman, who is Black, filed a complaint with Human Resources in May against Jennifer Harrold, a senior management analyst, for "racially offensive behavior." She alleges Harrold tried to segregate Black employees by offering them black face coverings while white face masks were offered to other staff members.
"Ironically, Ms. Harrold had not attended the City’s mandatory diversity training when she engaged in her racially offensive behavior," the notice states. "Had she done so, she would have realized that this behavior was extremely offensive and inappropriate."
After the investigation determined the complaint was unfounded, Countryman claims Fuller began a pattern of retaliation, which included making her work weekends, taking away paid time off and disparaging her in staff emails.
The notice also accuses Fuller of violating Arizona Code of Judicial Administration rules for discrimination and harassment.
Attorney James Austin Woods wrote in the claim notice, which can be a precursor to a lawsuit, that his client is seeking $2.5 million for damages and lost wages and benefits or to be reinstated to her job.
“Although she loved her job, co-workers, and working for the City of Chandler immensely, she could no longer tolerate David Fuller’s abuse,” Woods wrote in the claim.
“Her sincere hope would be to get the job back,” Woods told The Arizona Republic. “Her dream job is doing this, being a commissioner, being at the city court and making a difference in the lives of the citizens that go to city court.”
A city spokesperson confirmed that Chandler received the notice but said the city does not comment on potential litigation.
Chandler has hired an outside investigator to investigate complaints in Municipal Court, although the city spokesperson would not provide more details about the nature of the investigation.
According to Chandler's contract with Green & Baker Ltd., the attorney handling the investigation charges $195 per hour and the city must be notified if costs will exceed $29,000.
Fuller, in an email, declined to comment, and Harrold, through the city spokesperson, declined to make a statement.
Countryman says she was targeted for her race
Municipal court magistrates, or judges, hear misdemeanor criminal traffic cases, violations of city ordinances and codes, and issue orders of protection and injunctions prohibiting harassment.
As a commissioner, Countryman was responsible for overseeing certain cases in the court, such as traffic cases, protective orders and in-custody criminal cases.
Commissioners are appointed by the presiding magistrate and “serve at the pleasure” of the judge, according to the city charter. Countryman was hired in August 2019.
Countryman began using a face mask while at work in April as COVID-19 cases spread across Arizona.
Court employees weren’t required to wear a mask, and most didn’t, her lawyer wrote in the notice.
“Court leadership considered wearing a mask as panicking,” and the notice alleges that few precautions were taken.
The Arizona Supreme Court issued an administrative order in May requiring that all court employees wear face masks by June 1.
On May 28, Harrold began handing out masks to court employees.
Countryman's lawyer wrote in the notice that Harrold offered his client, who is Black, an unwrapped black mask. Harrold had a packet of wrapped white masks in her hand.
According to the notice, there are three Black employees out of the 50 people who work in the municipal court.
"Ms. Harrold also tried to get the other black employees at the court to take a black facemask from her to wear and did not offer them any other color," Woods wrote. "Ms. Harrold did not ask any of the other employees to take a black facemask, only the black employees."
Harrold’s actions made Countryman “feel singled out for her race in a derogatory manner,” according to the notice.
"The entire incident felt like an attempt to shame her for her ethnic ‘differences,'" her attorney wrote.
Countryman filed a complaint against Harrold on May 29. She accused Harrold of violating the city’s anti-bullying and anti-harassment policies.
Harrold didn't deny that she offered Countryman a black face mask but denied that she targeted Countryman for her race, and Human Resources determined Countryman’s complaint was unsubstantiated. The investigator was not aware that Harrold had allegedly offered black face masks to the two other Black employees and they weren't interviewed, the notice states.
“Although Harrold claims she had no racist intent, her doing the exact same thing to the only other two black employees is clear and convincing evidence to the contrary,” the notice states.
Countryman faced retaliation after complaint, claim says
After Countryman filed her complaint against Harrold, Fuller only communicated by email, giving her the silent treatment, her claim states.
On four occasions, he required Countryman to work on weekends, although her contract states her work hours are 8 a.m. to 5 p.m. Monday through Friday, which the notice alleges is a violation of her employment contract.
The judge also made her forfeit 16 hours of vacation time in August after a technical issue while working from home rather than providing an alternative arrangement, the notice states.
Fuller allegedly “belittled” Countryman in emails to other judges “in an attempt to attack her character,” according to the notice.
The notice claims that Fuller has an explosive character and “was known for his ‘Jekyll and Hyde’ personality at previous employment.”
Before working in Chandler, Fuller was the assistant director for the city of Phoenix's Office of Court Appointed Attorneys.
Fuller ran his own law firm for 13 years and formerly worked as a judge pro tempore for the Dreamy Draw Justice Court, as assistant town prosecutor in Gilbert and a Maricopa County public defender. He spent time in Illinois as a personal injury attorney.
Records requests for Fuller's personnel file did not turn up any complaints or reprimands during his time in Phoenix. He consistently received high marks in annual performance reviews, the records show.
Records from Chandler reveal that he came highly recommended for the job, receiving recommendations from top judicial officers and attorneys from around the Valley.
Chandler did not turn over records related to any complaints filed against Fuller, citing the ongoing investigation.
Countryman submitted a constructive discharge letter to Fuller and the Human Resources director on Sept. 14 notifying them of her intent to resign. A constructive discharge, or dismissal, is often considered an involuntary resignation because the employer has created a hostile work environment. She later met with HR staff members to discuss her concerns.
The city reinstated the 16 vacation hours that Countryman forfeited and provided her with four days of paid administrative leave for the four weekend days she worked.
Countryman rescinded her resignation, but Fuller stated in an Oct. 1 letter that he didn't see any authority to support it.
"Your September 30, 2020 letter, in which you indicated your desire to rescind your resignation from employment with Chandler Municipal Court, has been forwarded to me," Fuller wrote. "At this time, I see no authority to support your request for rescission of your resignation."
The judge informed her that her last day would remain on Oct. 2 because she received four days of administrative leave with pay, according to the letter.
What happens next
The city hired an outside investigator to look into Countryman’s complaints against Fuller, and the investigation is ongoing.
Fuller was appointed by the Chandler City Council to replace outgoing City Magistrate Michael Traynor in May 2019. His annual base salary is $180,500, and his contract expires on June 30, 2021.
The City Council conducted a review of Fuller's performance during an executive session in September, which is typically a part of the budgetary process, but met again last month to discuss Fuller’s performance and get legal advice “regarding Municipal Court.”
The discussion appears connected to Countryman’s complaint and the city’s investigation. The council, which oversees Fuller's position, has the power to fire him.
Chandler has 60 days to respond to the notice or try to reach an agreement before Countryman can file a lawsuit.
Woods said they are waiting for the city to complete its investigation before moving forward.
Countryman also filed a discrimination and retaliation complaint with the Arizona Attorney General’s Office of Civil Rights alleging that Harrold and Fuller violated her civil rights, state and federal anti-discrimination laws and whistleblower statutes.
Fuller has never been disciplined by the Arizona Commission on Judicial Conduct and never has been a subject of formal proceedings, according to an Arizona Supreme Court spokesperson.
Reach Chandler reporter Paulina Pineda at paulina.pineda@azcentral.com or 480-389-9637. Follow her on Twitter: @paulinapineda22. Reach criminal justice reporter Lauren Castle at Lauren.Castle@gannett.com or 602-444-4821. Follow her on Twitter @Lauren_Castle.
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